2001 Minnesota Statutes

     192A.345 Review of records; disposition. 

    Subdivision 1. Repealed, 1984 c 642 s 9 

    Subd. 2.  The entire record of all court-martial 
 proceedings shall be sent to the appropriate staff judge 
 advocate of the state force concerned to be reviewed as may be 
 prescribed under rules prescribed by the governor in the same 
 manner as a record of trial by general court-martial.  The 
 record and the opinion of the staff judge advocate shall then be 
 sent to the state judge advocate for review. 

    Subd. 3. Repealed, 1984 c 642 s 9 

    Subd. 4.  The state judge advocate shall review the record 
 of trial in each case sent as provided under subdivision 2.  If 
 the final action of the court-martial has resulted in an 
 acquittal of all charges and specifications, the opinion of the 
 state judge advocate is limited to questions of jurisdiction. 

    Subd. 5.  The state judge advocate shall take final action 
 in any case reviewable by the state judge advocate. 

    Subd. 6.  In a case reviewable by the state judge advocate 
 under this section, the state judge advocate may act only with 
 respect to the findings and sentence as approved by the 
 convening authority.  The state judge advocate may affirm only 
 such findings of guilty, and the sentence or such part or amount 
 of the sentence, as the state judge advocate finds correct in 
 law and fact and determines, on the basis of the entire record, 
 should be approved.  In considering the record, the state judge 
 advocate may weigh the evidence, judge the credibility of 
 witnesses, and determine controverted questions of fact, 
 recognizing that the trial court saw and heard the witnesses.  
 On setting aside the findings and sentence, except where the 
 setting aside is based on lack of sufficient evidence in the 
 record to support the findings, the state judge advocate may 
 order a rehearing.  On setting aside the findings and sentence 
 without ordering a rehearing, the state judge advocate shall 
 order that the charges be dismissed. 

    Subd. 7.  In a case reviewable by the state judge advocate 
 under this section, the state judge advocate shall instruct the 
 convening authority to act in accordance with the state judge 
 advocate's decision on the review.  If the state judge advocate 
 has ordered a rehearing but the convening authority finds a 
 rehearing impracticable, the charges may be dismissed by the 
 convening authority. 

    Subd. 8.  The state judge advocate may, and if requested by 
 the accused, shall order one or more courts of military review 
 each composed of not less than three commissioned officers of 
 the state military forces, active or retired, each of whom must 
 be a member of the bar of the highest court of the state and 
 shall have served not less than three years as a judge 
 advocate.  Each court of military review shall review the record 
 of any trial by court-martial referred to it by the state judge 
 advocate which referral shall be made if requested by the 
 accused.  Courts of military review have the same authority on 
 review as the state judge advocate has under this section. 

    HIST: 1963 c 661 s 192A.345; 1978 c 552 s 36,37; 1984 c 642 s 
 5,6; 1985 c 248 s 70; 1986 c 444